IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9196/2017 BETWEEN:
B. Manjunatha @ Manju, S/o. Bettaiah, Aged about 32 years, R/at. No.25, 6th Cross, Sampige Road, Malleshwaram, Bengaluru -560 003.
And also residing at No.3417/A, 3rd Cross, Gayathri Nagar, Srirampuram, Bengaluru North, Bengaluru -560 021. ...Petitioner (By Sri. Ravikumara S., Advocate) AND:
The State of Karnataka, By Malleshwaram Police Station, Bengaluru. …Respondent (By Sri. K. Nageswarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.190/2017 of Malleshwaram police station, Bengaluru City, which is registered for the offence P/U/S 143, 144, 147, 148, 342, 506-B, 364-A, 120-B r/w Section 149 of IPC.
This Criminal Petition is coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused under section 439 of Cr.P.C. seeking release on bail for the alleged offences punishable under sections 143, 144, 147, 148, 342, 506-B, 364-A, 120-B r/w Section 149 of IPC in the case registered in crime No. 190/2017.
2. I have heard the arguments of the learned counsel for the petitioner/accused No.1 and also learned High Court Government Pleader appearing for the respondent-State. Counsel for the petitioner submitted that looking to the complaint averments so also the other materials on the side of the prosecution, there is no material to show the involvement of the present petitioner in committing the alleged offences. He submitted that there is a false implication of this petitioner in the case. Hence, he submitted that, now the investigation of the case is complete and charge sheet is also filed by the respondent police, by imposing reasonable conditions petitioner can be admitted to the bail.
3. Per contra, the learned High Court Government Pleader submitted that one of the alleged offences is under Section 364-A of IPC, which is punishable with death or imprisonment of life. He also submitted referring to the statement of the boy, wherein he has stated taking the name of the present petitioner that, he demanded the ransom from him and the boy was taken in the vehicle tying his eyes with the cloth. It is also his submission that Test Identification Parade was conducted before the Tahasildar, wherein also the identity of the present petitioner has been established by the prosecution. Hence, he submitted that the petitioner is not entitled to be granted with bail.
4. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials produced in the case. Looking to the materials collected during investigation by the Investigating Officer, there is a prima facie material as against the present petitioner of his involvement in committing the alleged offence. One of the alleged offences under Section 364-A of IPC is concerned, it is punishable with death or imprisonment for life. Considering the materials placed on record, it is not the fit case to exercise the discretion in favour of petitioner/accused No.1.
Accordingly, petition is dismissed.
Sd/- JUDGE BVK